@jar0 said:
Hello need help on this naguluhan ako in claiming 10 points for partner. I hope you guys can answer. Salamat..
My spouse already has a positive skills assessment in ACS and has competent English. Kelangan ba na maglog din siya ng EOI and meet atleast 65 points para makaclaim ako ng 10 partner points? or ACS skills assessment and competent English lng?
Ang sinasabi bang applicant din siya ng same visa subclass is dapat dependent ko siya when I apply for the VISA? or does this mean na may EOI din siya on same visa subclass?
Schedule 6D it says the following for Partners in particular
- Partner qualifications
17.1 Background
Changes to the partner skills criterion came into effect on 16 November 2019 to recognise the human capital contribution that the skilled partner of an applicant can contribute. This recognition builds on a recommendation of the Productivity Commission in its 2016 Report Migrant Intake into Australia.
The award of points for single applicants will ensure a single person with identical skills to a primary applicant who has a skilled spouse or de facto partner will not be displaced in the points test. This measure is based on a recommendation from Migrant Intake into Australia.
The points for partners with competent English recognises the link between good English language skills and successful entry into the Australian labour market.
17.2 Assessing the partner relationship and partner points
When assessing applicant’s eligibility for partner points decision makers need to assess the relevant criteria against the relevant Item of Part 6D.11 of the regulations.
The skills assessment and English language requirements for the relevant items in Part 6D.11 must be satisfied at time of invitation.
In assessing whether
• an applicant is single or has a spouse (as defined in section 5F of the Act) or a de facto partner (as defined in section 5CB of the Act); and
• the citizenship or permanent residence status of any partner
The relevant time of the relationship status is the date of the points test assessment by the decision maker.
This means that if the applicant’s relationship status or the residence status of their partner changes after the date of invitation or the date of application, the award of partner points under Part 6D.11 may also change.
_**17.3 Skilled partners
Under Item 6D111 of Part 6D.11 of the regulations, 10 points may only be awarded if the spouse (as defined in section 5F of the Act) or de facto partner (as defined in section 5CB of the Act) of the primary applicant:
• is an applicant for the same subclass of visa as the primary applicant; and
• is not an Australian permanent resident or an Australian citizen; and
• was under 45 at the time the primary applicant was invited to apply for the visa unless transitional arrangements apply
– see below; and
• at the time of invitation to apply for the visa, nominated a skilled occupation, being an occupation specified under regulation 1.15 (1)(a) at th at time; and
Released by Department of Home Affairs
under the Freedom of Information Act 1982
• at the time of invitation to apply for the visa, had been assessed by the relevant assessing authority for their nominated skilled occupation as having suitable skills for the occupation and the assessment was not for a Subclass 485 (Temporary Graduate) visa. See paragraph 6D111 of Schedule 6D of the regulations; and
• at the time of invitation to apply for the visa had competent English.**_
17.4 Transitional Arrangements for the Partner age criterion
If the applicant was invited to apply for a GSM points-tested visa prior to 1 July 2018 then the relevant age requirement is that their partner was under 50 years of age at time of invitation. Refer to Part 71 – Amendments made by the Home Affairs Legislation Amendment (2018 Measures No.1) regulations 2018 in Schedule 13 – Transitional arrangements of the regulations.
17.5. Single applicants
Under Item 6D.112 of Part 6D.11 of the regulations, 10 points may be awarded if:
• the applicant does not have a spouse or de facto partner; (see paragraph 6D112(a)); or
• The applicant has a spouse or de facto partner who is an Australian permanent resident or an Australian citizen (see
paragraph 6D112(b)).
In order to determine whether an applicant has a spouse or de factor partner, decision makers must check a visa applicant’s visa application history, (if applicable), and the documentation used to support those applications, to ensure accurate information is provided in relation to their marital status and whether or not they are in a de facto relationship.
In accordance with section 57 of the Act, inconsistent information regarding the marital /de facto relationship status of the applicant should be provided to the applicant for comment and if there has been a change in relationship status, evidence should be requested to support this change. This is to ensure applicants who are married or in a de facto relationship are not able to be awarded points under 6D112 on the basis of claiming to be without a spouse or de facto partner.
17.6 Australian citizen or permanent resident partners
Under Item 6D112 of Part 6D.11 of the regulations, 10 points may be awarded if the applicant has a spouse or de facto partner who is an Australian permanent resident or an Australian citizen.
Evidence should be provided to support this claim, such as an Australian passport, Australian birth certificate or visa grant notice. Decision makers must verify claims of Australian permanent residence in Departmental systems.
_**17.7 Partners with Competent English
Under Item 6D.113 of Part 6D.11 of the regulations, 5 points may be awarded if the applicant has a spouse or de facto partner who:
• Is an applicant for the same visa subclass as the applicant (see paragraph 6D113(a)); and
• is not an Australian permanent resident or an Australian citizen (see paragraph 6D113(b)); and
• at the time of invitation to apply for the visa, hadcompetent English (see paragraph 6D113(C)).
17.8 Partner’s nominated skill occupation and skills assessment
For the purpose of awarding partner points, the nominated occupation of the partner (that is, spouse or de facto partner) must be on the Occupation List(s) applicable to the point-tested visa that the primary applicant has applied for.
A suitable skills assessment required for paragraph 6D111 must have been obtained at time of invitation but is not subject to the time periods prescribed in Schedule 2 and which apply to the primary applicant. This means that a suitable skills assessment obtained more than three years prior to the date of invitation can be accepted for this criterion**_
